Chondrolysis Litigation (Multiple Jurisdictions)

Eimer Stahl served as National Coordinating Counsel for a medical device manufacturer, overseeing dozens of medical device products liability suits filed in federal and state courts across the nation.  The cases involved the sale and marketing by a subsidiary of the manufacturer of a continuous infusion therapy device that administered post-surgical local anesthetic directly into wound sites following orthopedic surgeries.  The placement of the continuous infusion therapy device in certain joints was alleged to cause rapid deterioration of articular cartilage, a condition known as chondrolysis.  

As National Coordinating Co-Counsel, Eimer Stahl worked closely with our client, its subsidiary, and co-counsel to develop and implement a general defense strategy and to ensure that the various cases were litigated in a consistent manner.  Highlights of Eimer Stahl’s representation include:

  • Successfully opposed the consolidation of cases into multidistrict litigation (MDL);
  • Handled appeals;
  • Drafted summary judgment templates and provided final approval of all summary judgment motions for all cases;
  • Prepared key motions in limine for use in all cases;
  • Drafted templates and provided final approval of all Daubert and Frye motions to exclude plaintiffs’ experts;
  • Prepared and participated in multi-day jury exercise for use in settlement negotiations and trial preparation;
  • Engaged and worked with numerous experts;
  • Defended key company and expert depositions;
  • Fully prepared several cases for trial, all of which settled or were resolved days before trial was to commence.